Law -- England; Poor -- England; Poor laws -- England; Working class -- England
This, I think, to be due, in the first place, no doubt to the
imperfections of the Act, in the second, to the fact that the appeals come
before learned judges who have never administered the Act in cases of
first instance and have had no practical experience of its working, and,
in the third place, to the fact that to much of the higher judicial
intellect the theory of workmen's compensation is in itself unscientific,
and therefore repugnant.
Nearly all the cases, and there are, I regret to say, many, where the
Court of Appeal has overruled the County Court, and the County Court
judgment has ultimately been restored by the House of Lords, the error has
been in the Court of Appeal striving to find a reason to hinder the
payment of compensation, rather than searching for the principle which
brought an admitted injury within the scheme that Parliament has made to
compensate the injured. After all, the Act was one for the compensation of
workmen, and every case of injury that is found not to be provided for is
a blot on the scheme.
The expense of all these appeals, is of course, a terrible burden, and to
a workman without a trade union behind him would be impossible. Great
confusion has been caused by having to work certain matters for
considerable periods under decisions of the Court of Appeal that have
afterwards had to be dealt with differently by decisions in the House of
Lords. Very likely if there were a further appeal to a House of Archangels
the Court of Appeal would be upheld. But to the injured man in the works
and the arbitrator waiting to award him his few shillings a week what
could be more pitiable and exasperating than the delay and expense that
the present method of working the Act entails? One solid reason why the
appeals in workmen's compensation cases should be removed from the Court
of Appeal is that they cannot be heard within a reasonable time. The _Law
Journal_ of June 13th, 1914, states that there are seventy-three workmen
compensation appeals waiting to be heard, of which no less than ten were
entered in 1913. It would be interesting to know how the appellants manage
in the interim.
The Act itself was difficult enough no doubt to make into a good working
scheme by those who desired to do it; the hundredweights of handsomely
published and learnedly edited reported decisions as to what it really
means have made it hopelessly impossible to comprehend and increasingly
difficult to administer.
To sum up the position of the Act to-day, with its myriad encircling
decided cases, one can only say, with the immortal Sergeant Arabin, that
it "bristles with pitfalls as an egg is full of meat."
Public-domain text, read in full here on John Shaqi.
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